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PACKET JUN 28 2011
was VXT4 alrOal"I!T BEAUNI* T * H 0 R * A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 28,2011 ° 1:30 P.M. CONSENT AGENDA * Approval of minutes—June 21,2011 * Confirmation of committee appointments A. Approve a contract for the purchase of sodium hydroxide for use by the Water Utilities Department B. Approve a contract for the purchase of aluminum sulfate for use by the Water Utilities Department C. Authorize the acquisition of property(3930 East Lucas Drive)for the Concord Road Pavement Widening Project D. Authorize the City Manager to execute all documents necessary to accept funding from the Department of State Health Services for the Mother-Friendly Worksite Initiative- Locals/Hospitals Grant for the Beaumont Public Health Department E. Approve an Interlocal Agreement with Capital Area Housing Finance Corporation in support of a proposed Low Income Housing Tax Credit project F. Authorize the acceptance of a ten foot wide Exclusive Waterline Easement to provide water and fire protection services for Bingman Elementary located at 5265 South Kenneth G. Approve Change Order No. 1 for the Cartwright/Corley Drainage Project A RICH WITH OPPORTUNITY BEAU,N,ON'* T0a • Z • A • S City Co e Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of Sodium Hydroxide. RECODOW[ENDATION The Administration recommends the award of a three(3)month contract to Altivia,Inc., of Houston, in the estimated amount of$128,000. BACKGROUND Formal bids were requested from five(5)vendors,for a three(3)month contract to supply Sodium Hydroxide. Six(6)bids were received.Low bid of$128,000 was std by Altivia, Inc., of Houston This its an approximate seventeen percent(170/6)incxease ewer the last contract. There are no local vendors who supply this commodity. Ahivia, Inc., has held this contract previously. Sodium Hydroxide is used by the Water Utilities Department to purify the city's water supply. The Water Utilities Deportment expects to Pie appro -h two ed fifty(250)dry tons of this material during the term of the contract.Bid tabulations are as follows. Vender Unit Price Teta1 Price Altivia,Inc.,Houston, TX $512.00 $128,000.00 Univar, Inc.,Dallas, TX $548.80 $137,200.00 DM Industries,Houston, TX $575.00 $143.750.00 FSTI,Inc., Austin, TX $592.50 $148,125.00 General Chemical,Inc.,Parsippany,NJ $615.79 $153,947.50 FBrenntas Southwest,Houston, TX $684.00 $171,000.00 Contract for the pyre of Sodim Hydroxide June 28, 2011 Page 2 BUDGETARY E"ACT Funds are available for this expendbure m the Water Utilities Department's operating budged. Barcsua1 ► Tax" I - 2 - I • ♦ e Bid Nam.: Thm(3 Monet PC Not ror eodknn HWIMM.( Soda) BW Number: BF8i11-8 BM Openkp: ThUreft,June 18,2011 Contact Person: Robert J.Holler,Buyer II Phone 409-890-3758 Vendor AIL-- Univar DXI Indusbl� ,Inc.ay I aft Dallas Houston Austin Plwx or Fan W. 800 785-7300 281 457.4ti48 512 278-8800 REM DEi;C QTY(DT) Unit Prins Extended Price lktit Price Extended Price Unit Price I Extended Price Bodwn Hydra" 250 $137,200.001 4575.00 $ OXY FORMOSA VARIOUFSR MW CHEM Brerwit"Southwest CRY I _ ,.. Bhlt PARSIPPANY NJ Houston Phone or Fax No. 800 163141050 13 4334}771 REM DEi'<C QTY(DT} Ur*Price Extended Price UNt Price Exb wo dod Price Isodum Hydralkle $615.79 $M.00 $171,0P0.001 NO BID:KEY CHEM. RESOLUTION NO. WHEREAS, bids were solicited for a three (3) month contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, Altivia Corporation, of Houston, Texas, submitted a bid f or an estimated total expenditure of$128,000 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST DRY TON 250 DRY TONS Altivia, Inc. $512.00 $128,000.00 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Altivia Corporation, Houston, Texas,for a three(3)month contract for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of$128,000 be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with Altivia, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - B RICA WITS OPPORTUNITY BEAUNION* T * R 9 X A • 8 Item City Council Agenda TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clads, Chief Financial Officer MEETING DATE: Iune 28, 2011 REQUESTED ACTION: Council consider authorizing the award of six(6)month contract for Aluminum Sulfate. RECOMAENDATION The Administration revammen I the award of a contract to MO Specialty Chm male,Inc., of Little Rock, AR, in the estimated amount of$121,734. BACKGROUND Bids were requested ft a six(6)month contract for appraacinwtely 600 Dry Tons of Aluminum Sulf3tte for use by the**a Utilities Department to be used in the water treatment process. Bid notices were provided to five(5)vendors wM four(4)responding with bids as indicated below. The product i�ocommerded for award meets all specifications. (EO Specialty has previously held this contract with a price of$172 per dry ton. Vender Usk Price Teed Price GEO Specialty Chemical,Little Rock, AR $202.89 $121,734.00 Altivia Corp.,Houston, TX $235.00 $141,000.00 Southern Ionics,West Point,MS $239.00 $143,000.00 General Chemical,Parsippany,NJ $312.00 $187,200.00 BUDGETARY EWPACT Funds are budgeted in the Water Utilities Depa tmwes operating budget. •������ CRY OF BEAUMONT,BEAUMONT,TEXAS PURCHASt'1t1O DNISION BtD TABtILATWN ! - a - a - • - a Bid Nam: Stir Monlh Contract for WaW Trubnot Chsmkwd-Aktntinum Sidra! Bkt mum1 sr: SF6811.37 am Opw ft: TUnday,Juts 16,2011 Co ntmat Parson: Robert(Bob)Hol r,BWerr It rhollsr0ci.beaumont.tx.us Phone: 409-880.3758 ANIWs SoLdwn Ionics General Chemical Houston West Pt,MS Pa*pwW NJ Phone or fax No. Unit Prim Extruded Ur t Exdattdsd tNtit ExMndsd REM DESCRIPTION QTY = Price Price Prim Pries Prbe 1 Aluminum Sulfatf DT 3 235.00 $141,000.00 $239.00 $143400.00 $312.00 $187 .00 TOTAL $ 141000.00 $ 143 400.00 $ 187 200.00 ctur*r/Brand Bd ALTW 3OUTHE WNICS GEN CWMICAL r na n's na Lcygnaer Deposit - na na na No Bid:KMm Water,DA UNNAR RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS, GEO Specialty Chemicals, Inc.,of Little Rock,Arkansas,submitted a bid for an estimated total expenditure of$121,734.00 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST DRY TON 600 DRY TONS GEO Specialty Chemicals, Inc. $202.89 $121,734.00 Little Rock, AR and, WHEREAS, City Council is of the opinion that the bid submitted by GEO Specialty Chemicals, Inc., of Little Rock, Arkansas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by GEO Specialty Chemicals, Inc., of Little Rock,Arkansas, for a six(6) month contract for the purchase of Aluminum Sulfate in the unit prices shown above for an estimated total expenditure of $121,734.00 be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with GEO Specialty Chemicals, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMO�N* T B • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �A. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: June 28,2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project,approximately sixty-two (62)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below,has agreed to convey his property to the City: Parcel#4 0.0429 acre situated in the A. Williams Survey,Abstract No. 385 (3930 East Lucas Drive) Value: $23,100.00 Owner: HEB Grocery Company, LP BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #4: 0.0429 acres out of A. Williams Survey, Abstract No. 385 (3930 East Lucas Drive) Value: $23,100.00 Owner: HEB Grocery Company, LP NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - June 2011 Parcel 4 Page 1 of 5 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 4 Being a 0.0429 acre (1,867 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of that certain called 1.9205 acre tract of land having been conveyed to H. E. Butt Grocery Company from Sharon Kay Giblin (Johnson) Childress, Debra Lane Giblin (Chance) Lafayette, Keith Fredrick Giblin and Tina Ann Giblin Jordan by deed dated March 7, 1991 recorded under Film Code No. 103-56-1301 of the Real Property Records of Jefferson County, Texas, and being out of and part of that certain called 0.2064 acre tract of land having been conveyed to H. E. Butt Grocery Company from Keith F. Giblin by deed dated March 7, 1991 recorded under Film Code No. 103-56-1309 of the Real Property Records of Jefferson County, Texas, said 0.0429 acre (1,867 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Northerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract; THENCE, SOUTH 35 032'27" WEST along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery Company tract and along the Southeasterly line of the that certain tract of land having been conveyed to Hein Nguyen and Lac Nguyen from Family Services of Southeast Texas, Inc. by deed dated April 30, 2002 recorded under Clerk's File No. 2002015793 of the Real Property Records of Jefferson County, Texas for a distance of 604.99 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of- way line of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 50°37'11" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 90.12 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of-way line of Concord Road, said comer being in the most Southerly Southeast line of the said 1.9205 acre H. E. Butt Grocery Company tract and said comer also being in the Northwest line of the said 0.2064 acre H. E. Butt Grocery Company tract; EXHIBIT "A" June 2011 Parcel 4 Page 2 of 5 EXHIBIT 2) THENCE, SOUTH 50°09'45" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 59.87 feet to a punch mark set in concrete for comer in the Southeasterly line of the said 0.2064 acre H. E. Butt Grocery Company tract and said point being in the Northwesterly line of that certain called 1.3694 acre tract of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc. by deed dated August 5, 2004 recorded under Clerk's File No. 2004030574 of the Real Property Records of Jefferson County, Texas; 3) THENCE, SOUTH 35°37'19" WEST, along the Southeasterly Fine of the said 0.2064 acre H. E. Butt Grocery Company tract and along the Northwest line of the said 1.3694 acre 3990 ELD, LLC tract passing a distance of 5.00 feet to a punch mark found in concrete and continuing for a total distance of 11.31 feet to a point for comer in the existing Northeasterly right-of-way line of Concord Road, said point also being the most Southerly comer of the said 0.2064 acre H. E. Butt Grocery Company tract and also the most Westerly comer of the said 1.3694 acre 3990 ELD, LLC tract, said comer also being the beginning of a curve turning to the right having a radius of 2834.79 feet and being subtended by a chord bearing NORTH 51021,33" WEST having a chord length of 73.91 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 73.91 feet to a point for comer in the existing Northeasterly right-of-way line of Concord Road; 5) THENCE, NORTH 50°35'59" WEST, along the existing Northeast right-of-way of Concord Road for a distance of 76.22 feet to a point for comer, said comer being the most Westerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract and also being the most Southerly comer of the said Nguyen tract, and from said point a 1" iron pipe found bears NORTH 35°32'27" EAST a distance of 2.22 feet; 6) THENCE, NORTH 35°3227" EAST, along the Southeasterly line of the said Nguyen tract and also along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery Company tract for a distance of 12.71 feet to the POINT OF BEGINNING and containing 0.0429 acre (1,867 square feet) of land. June 2011 Parcel 4 Page 3 of 5 EXHIBIT A parcel plat of even date accompanies this property description. 1, Thomas S. Rowe, Registered Professional Land Surveyor No. 5728, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THEZ DAY OF JUNE 2011. Pte'• �STEq THOMAB �. �► a Thomas S. Rowe, RPLS #5728 �FE s O .>© S U�J LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT O PARCEL NUMBER P.O.C. PAR 4 O FND PROPERTY CORNER AS NOTED FND 112'1. PIPE POWER POLE PROPOSED ROW LINE EXISTING ROW LINE 0.3313 ACRE 991 PROPERTY LINE FC. NO. 1033_56-1320 SURVEY LINE COUNTY LINE CALLED 03823 ACRE HE m A. VH MA0 SURVEY . 1 1 ^� ABSTRACT NO. 385 '1315 ^ CALLED 03956 ACRE TN FC. 140. ip�_199' W OPRIL CALLED 1.3694 ACRES 3990 ELD, LLC HIM APRIL 3g3a '2002 CFAMT 20tf4030574 5 2W4 CF NO. 20 15793 Opw CALLED 02064 ACRE RE B11R f ff'COMPANY MARCH 1991 FC NO 103-56-1309 P.0.8. PAR 4 4 OPRX CONCORD ROAD PARENT TRACT BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES N.T.S. IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. [` CtF THCMAAS S.RCWE '•"r"'"'""""'"""�"" EXISTING TAKING REMAINING �,, <9,yo�57280 �' ACRES ACRES S.F. ACRES SURV 3. 2358 0. PARCE 14, 3. 1929 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 4 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EA3TEX FRWY. BEAUKO 09-8T 92-04zi2e-�� B(CFA"T409-89922-134803 SCALE 1 " = 50' MAY 2009 SHEET 4 OF 5 EXHIBIT °B" w�LtilA�s�� 3� �•BS�g,�r'� P.O.C. PAR. 4 FND 1/2" I. PI PPE CALLED 1.9205 ACRES H.E. BUTT GROCERY COMPANY APRIL 30, 2002 CF NO. 2002015793 4 OPRJC HIEN NGUYEN, et ux APRIL 30, 2002 wC' o CF NO. 2002015793 OPRJC cv CALLED 1.3694 ACRES 3990 ELD, LLC AUGUST 5, 2004 Lo °;C^° CF NO. 2004030574 N �Z OPRJC I C° u U !— O _ _m 152+62.52 i5O'Jt7 � 151+11-66.OPAR. 4 = 151+11.91 X 151+72.18 w PROPOSED RIGHT OF WAY O.00RT 8.82RT l 39.92RT E 90 12 S50'09'45°E 59.87' 33.83 R T FND 1' I. PIPE BEARS ~ - N35'32'27'E .241 035 59"W 76.22' cl N50'39'28"W PROPOSED BASELINE 151+00 CONCORD ROAD 180.80' o PI STA.=150+01.95 LINE BEARING DISTANCE 0=03°57'46' L1 S35'37 19 W 6.31 R=5800.0000' PARCEL PLAT L2 N35'32 27-E 12.71 a T=200.6532' SHOWING L3 SQ 37 19 W 5.00 A=4011465' PARCEL 4 Ch=401.0666' D=00°59'16' CONCORD ROAD JEFFERSON COUNTY CURVE IRADIUS IARC LENGTH ICHORD LENGTH CHORD BEARING DELTA ANGLE SCALE 1 " = 50' JUNE 2011 C1 2834.79 73.91 73.91 N51'21 33 W 11'29 38 ' SHEET 5 OF 5 D SICK WITS OPPORTUNITY BEAUNM* T • R • X • A 8 Clty Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Directo MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary to accept funding for the Mother- Friendly Worksite Initiative-Locals/Hospitals Grant for the Beaumont Public Health Department. RECOMMENDATION Administration recommends council approval. BACKGROUND The Beaumont Public Health Department has been awarded$10,200.00 to develop and implement a Mother-Friendly Work Environment for breast feeding. With these funds, the health department will be responsible for developing and implementing a comprehensive program of worksite location support. BUDGETARYIMPACT City would receive grant funding in the amount of$10,200.00. DEPARTMENT OF STATE HEALTH SERVICES 4P This contract, number 2011, 5(Contract), is entered into by and between the Department of State Health Services(DSHS or the Department),an agency of the State of Texas,and CITY OF UAUMONT (Contractor), a Government Entity, (collectively,the Parties). 1. Puruose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. T_"A_0"9f the ConUmd ad Payment M *bod(s). The total amount of this Contract is$10,200.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Fling Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and.human services agency consolidation, or any other disruptions of current appropriated funding for this Contract,DSHS may restrict,reduce,or terminate funding under this Contract. 4. Term of tie Contract. This Contract begins on 06115/2011 and ends on 12/31/2011. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority; DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. mitts Foruibm Contract. The Contract consists of the following: a. Core Contract(this document) b. Program Attachments: 2011-038075-001 MOTHER-FRIENDLY WORKSITE RJIMTIVE- LOCALS/HOSPITALS c. General Provisions (Sub-recipient) d. Solicitation Document(s),and e. Contractor's response(s)to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 7. Conflicdoz Terms. In the event of conflicting terms among the documents forming this Contract,the order of control is first the Core Contract,then the Program Attachment(s),then the General Provisions,then the Solicitation Document,if any, and then Contractor's response to the Solicitation Document,if any. 8. FRyce• The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF BEAUMONT Address: PO BOX 3827 BEAUMONT,TX 77704-3827 Vendor Identification Number: 17460002789023 9. LgAM Aw�ut The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract,other than as set forth in this Contract. I 92648-1 2011-038075-001 Categorical Budget: �I QJ...tt:.S. u k1l Will Total reimbursements will not exceed $10,200.00 Financial status reports are due: 09/30/2011, 02/29/2012 Equipment List Attached. f RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept funding in the amount of$10,200 for the Mother-Friendly Worksite Initiative-Locals/Hospital Grant for the Beaumont Public Health Department to develop and implement a Mother-Friendly Work Environment comprehensive program for breast feeding worksite location support. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BE T . 59 a . A . S City Council A e da Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider an Interlocal Agreement with Capital Area Housing Finance Corporation in support of Azure Pointe, a proposed Low Income Housing Tax Credit(LIHTC)project. RECOMMENDATION The Administration recommends approval. BACKGROUND The NRP Group,in partnership with the Beaumont Housing Authority,has been given preliminary approval by the Texas Department of Housing and Community Affairs(TDHCA)for use of Low Income Housing Tax Credit(LIHTC)funds for the construction of a one hundred forty(140)unit housing development at the corner of Eastex Freeway and Chime Lane. On May 3, 2011,the City Council approved a resoNtion oifir'ing preliminary support of this application and acknowledged the high level of tax credit supported residential units in the city, as required by TDHCA. As part of the financing g for the project,NRP Group is requesting a ban in the amount of $630,000 from the Capital Area Housing Finance Corporation(CAHFC). By partially financing the project through this HFC,the project received an additional eighteen(18)points in the competitive scoring process, conducted by TDHCA. However, in order to retain these points, TDHCA requires that the City enter into an Intedocal Agreement with CAHFC,granting permission for them to make the loan for the project in question,within its jurisdiction. This acknowledgment and approval in no way includes the City in the Loan Agreement and in no way will this resolution encumber any City funds. Attached is the proposed Interlocal Agreement and a copy of the Term Loan Agreement that would be executed by the developers and CAHFC. BUDGETARY E"ACT None. RESOLUTION NO. WHEREAS, NRP Group, in partnership with the Beaumont Housing Authority, has been given preliminary approval by the Texas Department of Housing and Community Affairs (TDHCA) for use of Low Income Housing Tax Credit (LIHTC) funds for the new construction of Azure Pointe, a one hundred forty(140) unit housing development at the corner of Eastex Freeway and Chinn Lane; and, WHEREAS, on March 8, 2011, the City Council approved Resolution No. 11-103 offering preliminary support of the application and acknowledged the high level of tax credit supported residential units in the city, as required by TDHCA; and, WHEREAS, as part of the financing for the project, NRP Group is requesting a loan on the amount of$630,000 from the Capital Area Housing Finance Corporation(CAHFC); and, WHEREAS, TDHCA requires that the City of Beaumont enter into an Interlocal Agreement with CAHFC, granting permission for them to make the loan for the construction of Azure Pointe, within its jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Capital Area Housing Finance Corporation thereby granting permission for CAHFC to make a loan to NRP Group in the amount of $630,000 for the new construction of Azure Pointe, substantially in the form attached hereto as Exhibit"A"and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - Capita!Area Houdeg Yhwnce Corporation Interlood Agreement THIS INTERLocAL AGREEMENT(this "Agreement')is made and entered into as of , 20_(the "Efirective Date'),by and between the CAPITAL AREA Haim r, FwANCE CoRPORATION(the "Coital Area HFC'), a public,non-profit housing finance corporation duly organized and existing under the laws of the State of Texas,and k City of Beaumont. Teams (the "CkwernhW Body'). W itnesseth WHEREAS,the Capital Area HFC is authorized by the provisions of the Texas Housing Finance Corporations Act, Chapter 394,Texas Local Government Code, as amended(the "Act's,to(a) lend money for its corporate purposes and invest and reinvest its funds; (b)borrow money at rates determined by the Capital Area HFC, and c)pledge all or any P art of the revenues, receipts or resources of the Capital Area HFC from or in connection with such loans, and to mortgage, pledge or grant security mtereW in such loans or other property of the Capital Area HFC in order to secure the payment of the Capital Area RFC's obligations; and WHEREAS, pursuant to the Act,the Capital Area HFC has established a 2011 Multifamily Developer Loan Program(the "Pngrcxm')under which the Capital Area HFC is authorized to make loans to eligible borrowers to help finance the acquisition, construction or rehabilitation of multifamily housing developments located within the jurisdiction of the Capital Area HFC and in other jurisdictions with the authorization of the applicable local housing authority; and WHEREAS,the Capital Area HFC intends to loan funds to a Poi=LTD (the "Borrower'), to help finance the[acquisition, construction, rehabilitation]of certain property (the `Loan')located in the jurisdiction of the Governing Body, and WAS,the Governing Body hereby authorizes and consents to the Loan on the terms specified in this Agreement; Now,THEREFORE,in consideration of the!mutual covenants and agreements herein contaicted, the receipt and sufficiency of which are herby acknowledged,the parties agree as follows: Section 1. Recitals. The recitals set forth above are incorporated Mein for all purposes and are found by the parties hereto to be true and correct. It is finther found and determined that the patties hereto have authorized and approved this Agreement by resolution or order adopted by their respective bodies, and that this Agreement will be in full force and effect when executed by both parties. Section 2. Development Funding. EXHIBIT "A" The Governing Body hereby agrees that the Capital Area B FC may provide the Loan to the Borrower in connection with the[acquisition, construction, rehabilitation]of an approximately 1... `0 unit apartment project located in the Governing Body's jurisdiction in accordance with the terms set forth in that certain Term Loan Agreement dated as of _, 20 (the "Lam Agreement'), between the Capital Area B FC and the Borrower. The parties hereto acknowledge and agree that neither the full faith and credit of the Governing Body or the State of Texas, nor the taxing power of the Governing Body, if any, or the State of Texas or any other political subdivision of the State of Texas is pledged in support of the Loan. Section 3. Termination. This Agreement shall terminate upon the occurrence of any of the following events: (a) The Borrower withdraws its request for the Loan; (b) The Loan is not closed on or before the date for such closing specified in the Loan Agreement;or (c) The mutual written agreement of the parties hereto. Section 4. Termination upon Legal Prohibition of Relationship. Notwithstanding the foregoing, the parties hereto may terminate this Agreement immediately by delivering written notice to the other party: (a) If, in the opinion of an independent attorney, it is determined that there is applicable legislation, regulations, rules or procedures(collectively referred to herein as a `Law') in effect or to become effective as of a date certain,which Law, if or when implemented, would have the effect of subjecting a party hereto to civil or criminal prosecution under the state and/or federal laws, or endangering or jeopardizing the status of a party hereto or any of its affiliates, because of the party's participation herein; (b) If a party receives notice(the "Notice')of an actual or threatened decision, finding or action by any governmental or private agency or court(collectively referred to herein as an "Action'),which Action, if or when implemented,would have the effect of subjecting the party to civil or criminal prosecution under the state and/or federal laws, or endangering or jeopardizing the status of the party or any of its affiliates, because of the party's participation herein; or (c) If a party hereto receives any order(the "Order')by a governmental agency or court that the terms of this Agreement are in violation of any Law. Section 5. Effect of Termination. Upon the expiration or termination of this Agreement,the parties hereto shall thereafter be automatically relieved and released from all further liabilities and obligations hereunder, except for liabilities and obligations contained herein which are expressly made to extend beyond the term of his Agreement, all of which shall survive the expiration or termination of this Agreement. Section 6. Miscellaneous. Section 6.1. Prior Written Agreements. This Agreement is without regard to any and all prior written contracts or agreements between the parties hereto regarding any other subject matter and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between the Parties. Section 6.2. Other Services and Exclusion. Nothing in this Agreement shall be deemed to create,by implication or otherwise, any duty or responsibility of any of the parties hereto to undertake or not to undertake any other service, or to provide or not to provide any service, except as specifically set forth in this Agreement or in a separate written instrument executed by the parties hereto. Section 6.3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to any of the parties hereto nor to create any legal rights or claim on behalf of any additional party. None of the parties hereto waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. Section 6.4. Amendments andModifrcations. This Agreement may not be amended or modified except in a writing executed by the parties hereto and authorized by their respective governing bodies. Section 65. Sewrahility. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding sball not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner that it will,to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. Section 6.6 Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date first written above,when all parties hereto have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. Section 6.7. No Third Party Beneficiaries The provisions of this Agreement are and will be for the benefit of the parties hereto only and are not for the benefit of any third party. No third party shall have the right to enforce the provisions hereof. Section 6.8 Notice. All communications provided for herein shall be in writing and shall be deemed to have been given or made when served personally or when deposited in the United States mail. The following are the addresses for all purposes in connection herewith. Capital Area HFC: Capital Area Housing Finance Corporation 4101 Parkstone Heights Drive Suite 280 Austin, Texas 78746 Attention: James E. Shaw Governing Body: The parties hereto shah have the right from time to time to change their respective addresses and each shall have the right to specify as its address any other address by giving to the other parties hereto written notice at least ten(10)days prior such change. Section 6.9. Governing Law. This Agreement and the rights and duties of the parties hereto shall be construed and determined in accordance with the laws of the State of Texas. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and any prior agreements,whether written or oral,with respect thereto are superseded hereby. Section 610. Headings. Section headings used in this Agreement are for convenience of reference only and are not a part of this Agreement for any other purpose. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the Effective Date by their officers thereunto duly authorized. CAPITAL AREA Housm FINANCE CORPORATION By: Name: James E. Shaw Title: Executive Director By: Name: Title: CHAPMAN AND CUTLER LIP DRAFT of JUNE 21,2011 TERM LOAN AGREEMENT Capital Area Housing Finance Corporation Austin, Texas Ladies and Gentlemen: The undersigned, [insert the name of the borrower], a [insert the corporate form of the borrower] (the "Borrower"), has concurrently herewith borrowed from the Capital Area Housing Finance Corporation (the "Capital Area HFC" or the "Lender') the sum of[insert the principal amount of the loan] (the"Loan") as evidenced by that certain Term Loan Note of the Borrower bearing even date herewith payable to the order of the Capital Area HFC (the "Note") in said principal amount and expressed to mature and to bear interest as set forth in, and otherwise in the form of, the note attached hereto as Exhibit A in connection with the development of an approximately [insert the number of units]unit apartment project looted in[insert the location of the project] (the"Project'). The Borrower executes,and delivers this Agri to set forth and confirm the terms and conditions applicable to the Note and the covens, ads, representations and warranties of the Borrower made in connection therewith: SECTION 1. PAYMENTS. Section 1.1. Prepayments (a) Mandatory. All moneys received by the Lender from the Bank (as defined in Section 2.1 hereof) pursuant to the terms of this Agreement and the Bank Agreement (as defined in Section 2.1 hereof) shall be used to pay the Obligations (as defined below). (b) Voluntary. The Borrower shall have the privilege of prepaying the Note in whole or in part at any time and from time to time. All such.prepayments shall be made upon not less than one bank business day's prior notice to the Lender. Each prepayment shall be made by the payment of the principal amount to be prepaid and accrued interest thereon to the daze fixed for prepayment. Section 1.2. Payment of Fees The Borrower shall pay to the Lender (i),on the date hereof(the "Closing Date"), an amount equal to 5.25% of the original pnncgW amount of the Loan, and (ii) for each full month the Loan is outstanding following the one year anniversary of the Closing Date, an amount equal to 0.40/9 of the remaining principal amount of the Loan calculated based on the outstanding principal amount thereof as of the first day of such month (collectively, the "Lender Fees"), payable, in the aggregate, to the Lender on the earlier of the Maturity Date or each January 15 and July 15 following the one year anniversary of the Closing Date so long as such Loan remains outstanding. Section 1.3. Place and Application of PMments. The Borrower hereby agrees to make all payments of the Lender Fees, the principal and interest and all other amounts payable &aftla*UW 21576$9 hereunder and under the Note (collectively, the "Obligations') promptly when due and such amounts due to the Lender under the Note shall be paid in accordance with the Note and such amounts due to the Lender's attorney for fees and expenses incurred in connection with the Loan shall be paid to such attorney per the invoice submitted thereby. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions or conditions of any nature imposed by any government or any political subdivision or taxing authority thereof. SECTION 2. SECURHY. Section 2.1. Collateral Documents For the benefit of the Lender, as security for the payment of the Obligations, including without limitation, all principal of and interest on the Note, the Borrower has concurrently herewith executed and delivered that certain Assignment and Pledge Agreement, dated as of the Closing Date (the "Bank Agreement'), among the Borrower, the Lender and Pioneer Bank, SSB (the `Bank'), granting the Lender and the Bank a lien on and security interest in the Account (as defined in the Bank Agreement), in each case whether now owned or existing or hereafter created, acquired or arising. Section 2.2. Further Assurances The Borrower covenants and agrees that it shall comply with all of the terms and conditions of the Collateral Documents(as hereinafter defined) and that it shall, at any time and from time to time as requested by the Lender, execute and deliver such firther instruments and do such other acts as the Lender may deem necessary or desirable to provide for or protect or perfect the lien and security interest of the Leader in the collateral security granted thereby. SECTION 3. REPRESENTATIONS AND WARRANTIES. The Borrower represents and warrants to the Lender as follows: Section 3.1. The Borrower is a [insert the corporate structure] duly organized, validly existing, and in good standing under the laws of the State of[insert the name of the applicable state] and is duly licensed or qualified and in good standing in all jurisdictions wherein the nature of its activities or business conducted or property owned or leased by it requires such qualification or licensing, including without limitation, the State of Texas. The Borrower is in fiill compliance with the terms of this Agreement and has M right, power, and authority to enter into this Agreement, to borrow the sum evidenced by the Note, to grant a lien on and security interest in its property pursuant to the Collateral Documents, and to perform each and all of the matters and things provided for in this Agreement, the Note, and the Collateral Documents; and the execution and delivery of this Agreement, the Note, and the Collateral Documents, and the observance and performance of any of the matters and things herein or therein set forth, will not violate or contravene any provision of law or of the orgarrizational documents of the Borrower, or of any indenture, loan agreement or other agreement of or affecting the Borrower or any of its property. -2- Section 3.2. There is no litigation or governmental proceeding pending, nor threatened, against the Borrower which, if adversely determined, would result in any material adverse change in the financial condition or properties, business or operations of the Borrower. All tax returns required to be filed by the Borrower in any jurisdiction have, in fact, been filed, and all taxes, assessments, fees, and other governmental charges upon the Borrower or upon any of its property, income, or franchises,which are shown to be due and payable in such returns, have been paid. The Borrower does not know of any proposed additional tax assessments against it for which adequate provisions in accordance with generally accepted accounting principles have not been made on its books and records. Adequate provisions in accordance with generally accepted accounting principles for taxes on the books of the Borrower have been made for all open years, and for its current fiscal year. No authorization, consent, license, or exemption from, or filing or registration with, any court or governmental department, agency or instrumentality, is or will be necessary to the valid execution, delivery or performance by the Borrower of this Agreement, the Note or the Collateral Documents. Section 3.3. The Borrower is not a party to any contracts or agreements with any of its Affiliates (as defined herein) on terms and conditions which are less favorable to the Borrower than would be usual and customary in similar contracts or agreements between persons or entities not affiliated with each other. Section 3.4. The Borrower is in compliance in all material respects with all applicable local, state and federal enviromnental, health and safety statutes and regulations, and, to its knowledge, has not acquired, incurred or assumed, directly or indirectly, any material contingent liability m connection with the release of any toxic or hazardous waste or substance into the environment. The Borrower is not the subject to any evaluation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Specified Amendments and Reauthorization Act of 1986, 42 U.S.C. §9601 et seq. Section 3.5. No Event of Default or Default (as defined herein) has occurred and is continuing. Section 3.6 The Borrower understands that neither the Lender nor any person rWesentmg the Lender has made any representation to it with respect to whether the Loan or the Note qualifies the Borrower for the award of certain points by the Texas Department of Housing and Community Affairs pursuant to its Housing Tax Credit Program Qualified Allocation Plan and Rules. SEcnoN 4. COVENANTS. From and after the daze hereof and so long as any amount remains unpaid on the Note, except to the extern compliance in any case or cases is waived in writing by the Lender, the Borrower hereby covenants and agrees with the Lender as follows: Section 4.1. Mainteww;ce of Business The Borrower shall preserve and keep in force and effect all licenses and permits necessary to the proper conduct of its business. -3- Section 4.2. Maintenance. The Borrower shall maintain, preserve and keep its properties and equipment in good repair and working order and condition(ordinary wear and tear excepted), and shall from time to time make all needful and proper repairs, renewals,replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained. Section 4.3. Taxes The Borrower shall duly pay and discharge all taxes, assessments and governmental charges upon or against the Borrower or against any of its property before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith by appropriate proceedings. Section 4 4. Insurance. The Borrower shall insure and keep insured, in good and responsible insurance companies, all insurable property owned by the Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like property; and the Borrower shall similarly insure employers' and public liability risks in good and responsible insurance companies. The Borrower shall upon request of any Lender furnish a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this Section 4.4. Section 4.5. Financial Reports The Borrower shall famish to the Lender or its authorized representatives such information respecting the business affairs, operations and financial condition of the Borrower as may be reasonably requested and without any request shall fiunish to the Lender promptly after knowledge thereof shall have come to the attention of any responsible officer of the Borrower, written notice of any threatened or pending litigation or governmental proceeding against the Borrower which would materially adversely affect the business and properties of the Borrower and/or the occurrence of any Default or Event of Default. SECTION 5. EVENTS OF DEFAULT AND REMEDIES. Section 5.1. Any one or more of the following shall constitute an "Event of Default" hereunder: (a) default in the payment when due (whether by lapse of time, acceleration, or otherwise) of any principal of or interest on the Note or any fee, charge, obligation or other amount payable hereunder or default in the payment when due of any other indebtedness or liabilities(whether direct, contingent or otherwise) of the Borrower owing to either Lender, (b) default in the observance or performance of any of the covenants set forth in Section 4 hereof or in any of the Collateral Documents; (c) default in the observance or performance of any other provision hereof which is not remedied within thirty (30) days after notice thereof to the Borrower by the Lender; --4- (d) monetary default shall occur under any evidence of indebtedness issued, assumed or guaranteed by the Borrower or under any indenture, agreement or other instrument under which the same may be issued, and such default shall continue for a period of time sufficient to permit the acceleration of the maturity of any such indebtedness, or any such indebtedness shall not be paid when due(whether by demand, lapse of time, acceleration or otherwise); (e) any representation or warranty made by the Borrower herein, or made by the Borrower in any statement or certificate finumhed by it pursuant hereto, proves untrue in any material respect as of the date of the issuance or malting thereof, (f) dissolution or termination of existence of the Borrower; (g) the Borrower becomes insolvent or bankrupt, or bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other proceedings for relief under any bankruptcy law or laws for the relief of debtors are instituted against the Borrower and are not dismissed within 45 days after such institution, or a decree or order of a court having jurisdiction in the premises for the appointment of a trustee, receiver or custodian for the Borrower, or for the major part of its property is entered and the trustee, receiver or custodian appointed pursuant to such decree or order is not discharged within 45 days after such appointment; or (h) the Borrower shall institute bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other proceedings for relief under any bankuptcy law or laws for the relief of debtors or shall consent to the institution of such proceedings against it by others or to the entry of any decree or order adjudging it bankrupt or insolvent or approving as filed any petition seeking reorganization under any bankruptcy or similar law or shalt apply for or shall consent to the appointment of a receiver, trustee or custodian for it or for the major part of its property or shall make an assignment for the benefit of creditors or shall admit in writing its inability to pay its debts as they mature or shall take any corporate action in contemplation or in fiutherance of any of the foregoing purposes. Section 5.2. When any Event of Default described in subsections 5.1(a) to 5.1(f), both inclusive, has occurred and is continuing, the Lender may, by notice to the Borrower, declare the Obligations, including without limitation, the principal of and the accrued interest on the Note to be forthwith due and payable, and thereupon the Note, including both principal and interest, and all fees and charges payable hereunder shall be and become immediately due and payable without firrther demand, presentment, protest or notice of any kind. Section 5.3. When any Event of Default described in subsection 5.1(g) or 5.1(h) has occurred and is continuing, then the entire principal balance of the Note and all interest thereon and all fees, charges and the other Obligations payable hereunder shall immediately become due and payable without presentment, demand, protest or notice of any kind. -5- SECTION 6. DEFINMONS. The following terms when used herein shall have the following meanings, such terms to be equally applicable to both the singular and phuid forms of the terms defined: "Affiliate" shall mean any person, firm, corporation or entity(herein collectively called a `Person') directly or indirectly controlling or controlled by, or under direct or indirect common control with, another Person. A Person shall be deemed to control another Person for the purposes of this definition if such first Person possesses, directly or indirectly, the power to direct, or cause the direction of, the management and policies of the second Person, whether through the ownership of voting securities, common directors,trustees or officers,by contract or otherwise. "Collateral Documents" means the Bank Agreement and any security agreements, assignments, mortgages, deeds of trust, financing statements, and other documents as shall from time to time secure the Note and the obligations of the Borrower hereunder. "Event of Default" shall mean any event or condition identified as such in Section 5.1 hereof and the term `Default" shall mean any event or condition which, with the lapse of time, the giving of notice, or both,would constitute such an Event of Default. Capitalized terms defined elsewhere in this Agreement shall, unless otherwise specified, have the meanings so ascribed to them in all provisions of this Agreement. SECTION 7. MISCELLANEOUS. Section 7.1. Holidays If any payment hereunder or under the Note becomes due and payable on a day which is not a bank business day,the due date of such payment shall be extended to the next succeeding bank business day on which date such payment shall be due and payable. In the case of any payment of principal falling due on a day which is not a bank business day, interest on such principal amount shall continue to accrue during such extension at the rate per annum then in effect, which accrued amount shall be due and payable on the next scheduled date for the payment of interest. Section 7.2. No Waiver, Cumulative Remedies. No delay or failure on the part of the Lender or on the part of the holder of the Note in the exercise of any power or right shall operate as a waiver thereof or as an acquiescence in any default, nor shall any single or partial exercise of any power or night preclude any other or fiuther exercise thereof or the exercise of any other power or right. The rights and remedies hereunder of the Lender and of the holder of the Note are cunwlative to, and not exclusive of, any rights or remedies which any of them would otherwise have. All of the covenants, warranties and representations of the Borrower herein shall be in addition to and cumulative of all other covenants, representations and warranties of the Borrower contained in, or provided for in, any other instrument or document now or hereafter executed and delivered by the Borrower to or in favor of the Lender. Section 7.3. Amendments, Etc. No amendment, modification, termination or waiver of any provision of this Agreement, the Bank Agreement or of the Note nor consent to any -6- departure by the Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by the Lender. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. Section 7:4. Costs and Expenses The Borrower agrees to pay on demand all costs and expenses of the Lender incurred by the Lender in connection with an Event of Default or the enforcement of this Agreement, the Note, the Collateral Documents, and the other instruments and documents to be delivered hereunder and in preserving or protecting or exercising the rights of the Lender hereunder or thereunder or with respect to any collateral security for the Note or other liabilities and in connection with any action, suit or proceeding brought against the Lender by any person or entity which arises out of the transactions contemplated hereby or thereby or out of any action or inaction by the Lender hereunder or thereunder, including all of the foregoing incurred in any bankruptcy, arrangement or reorganization proceeding involving the Borrower. Section 7.5. Stamp Taxes The Borrower agrees to pay on demand any documentary, stamp or similar taxes payable in respect of this Agreement or the Note, including interest and penalties, in the event any such taxes are assessed, irrespective of when such assessment is made and whether or not any credit to it is then in use. Section 7.6 Survival of Representations All representations and warranties made herein or in certificates given pursuant hereto shall survive the execution and delivery of this Agreement and of the Note and shall continue in fiull force and effect with respect to the date as of which they were made as long as any credit is in use or available hereunder. Section 7.7. Payments. The Borrower will promptly and punctually pay the principal of and interest on the Note without presentment of the Note and without any notation of any such payment being made on the Note. Section 7.8. Addresses for Notices. All communications provided for herein shall be in writing and shall be deemed to have been given or made when served personally or when deposited in the United States mail addressed if to the Borrower at [insert the address of the borrower] Attention: , or if to the Capital Area HFC at 4101 Parkstone Heights Drive, Suite 280, Austin, Texas 78746, Attention: Jim Shaw or at such other address as shall be designated by any party hereto in a written notice given to each party pursuant to this Section 7.8. Section 7.9. Headings Section headings used in this Agreement are for convenience of reference only and are not a part of this Agreement for any other purpose. Section 7.10. Severability of Provisions Any provision of this Agreement, the Note and/or the Collateral Documents, which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. -7- Section 7.11. Counterparts This Agreement may be executed in any number of counterparts, and by different parties hereto on separate counterparts, and all such counterparts taken together shall be deemed to constitute one and the same instrument. Section 7.12. Binding Nature, Governing Law, Etc. This Agreement, the Note and/or the Collateral Documents, shalt be binding upon the Borrower and its successors and assigns, and shall inure to the benefit of the Lender and the benefit of its successors and assigns, including any subsequent holder of the Note. This Agreement and the rights and dirties of the parties hereto shall be construed and determined in accordance with the laws of the State of Texas. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and any prior agreements, whether written or oral, with respect thereto are superseded hereby. The Borrower may not assign its rights hereunder without the written consent of the Lender. [Remainder of Page Intentionally Left Blank] -S- Upon your acceptance hereof in the manner hereinafter set forth, this Term Loan Agreement shalt be a contract between us for the uses and purposes hereinabove set forth. Dated as of 12008. [INSERT THE NAME OF THE BORROWER], a[Insert the corporate structure of the borrower], as Borrower hereunder By: Accepted and agreed to as of the day and year last above written. CAPITAL AREA HOUSING FINANCE CORPORATION By: Name: Title: [Acceptance Page for?Term Loan Agreement] [INSERT THE NAME OF THE BORROWER] TERM LOAN NOTE FOR THE CAPITAL AREA HOUSING FINANCE CORPORATION [Insert the Principal Amount of the Loan] , 2011 FoR VALUE Mcwvw, [insert the name of the borrower], a[insert the corporate structure of the borrower] (the `Borrower'), hereby promises to pay to the order of Capital Area Housing Finance Corporation(the `Lender'), at its office at [insert the payment address], or at such other place as the holder hereof may from time to time direct, the principal sum of[insert the principal amount of the loan] Dollars ($^T) on, if not sooner paid,the later of(i)the date that is one year following the date of this Note and(4)the date the Project is placed in service,as determined in accordance with the Cost Certification Procedures Manual promulgated by the Texas Department of Housing and Community Affairs (the "Maturity Date"), together with interest on such principal amount at the rates and payable in the manner and on the dates specified below. The Borrower hereby promises to pay interest (computed on the basis of a year of 365 or 366 days, as the case may be for the actual number of days elapsed) at the office described above (or such other place as aforesaid) on the balance of principal remaining from time to tune unpaid hereon at the rate of[insert the short-term annual compounded applicable federal rate] per annum payable semiannually on each January 15 and July 15 and on the Maturity Date. The Borrower may prepay any or all of the then unpaid principal without penalty provided that any accrued and unpaid interest upon such principal shall be paid at the time of such prepayment. Upon the occurrence of an Event of Default (as defined in the Term Loan Agreement), such rate shall be 14%from the date of such Event of Default until the earlier of the curing of such Event of Default or the payment in fiill of all obligations hereunder. This Note is issued under the terms and provisions of that certain Term Loan Agreement bearing even date herewith between the Borrower and the Lender(the "Tenn Loan Agreement'), and this Note and the holder hereof are entitled to all of the benefits provided for by the Term Loan Agreement or referred to therein, to which Terns Loan Agreement reference is hereby made for a statement thereof. The principal installments and interest hereon may be declared due prior to their expressed maturities and voluntary prepayments may be made hereon, all as specified in the Term Loan Agreement. All capitalized terms not defined herein shall have the meaning ascribed thereto in the Term Loan Agreement. Payment of this Note is segued by, among other things, (i) that certain Assignment and Pledge Agreement, dated as of , 2008 , among the Borrower, the Lender and Pioneer Bank, SSB and (ii) any other Collateral Document; and this Note and the holder hereof are entitled to all of the benefits and security afforded by the foregoing collateral documents, to which reference is hereby made for statement thereof. -1- The Borrower promises to pay all costs and expenses (including attorneys' fees) suffered or incurred by the holder hereof in collecting this Note or enforcing any rights in any collateral therefor. The Borrower hereby waives presentment for payment and demand. This Note shall be governed by, and construed in accordance with, the laws of the State of Texas. It is expressly provided and stipulated that notwithstanding any provision of this Note or any other instrument evidencing or securing the loan evidenced hereby, in no event shall the aggregate of all interest paid by the Borrower to the Lender under this Note ever exceed the maximum nonusurious rate allowed to be charged or collected under applicable laws of the State of Texas and the United States of America.(the "Highest Lawful Rate") on the principal balance of this Note from time to time advanced and remaining unpaid. In this connection, it is expressly stipulated and agreed that it is the intent of the Borrower and the Lender in the execution and delivery of this Note to contract in strict compliance with applicable laws. In furtherance thereof, none of the terms of this Note or any other instrument evidencing or securing the loan evidenced hereby, shall ever be construed to create a contract to pay for the use,forbearance or detention of money, at a rate in excess of the Ifighest Lawful Rate permitted to be charged of the Borrower under applicable laws. Borrower or any guarantors, endorsers or other parties now or hereafter becoming liable for payment of this Note shall never be liable for interest in excess of the Highest Lawful Rate, and the provision of this paragraph and the immediately succeeding paragraph shall govern over all other provisions of this Note and any instruments evidencing or securing the loan evidenced hereby, should such provisions be in apparent conflict herewith. [INSERT THE NAME OF THE BORROWER], a[Insert the corporate structure of the borrower], as Borrower hereunder By: [SIGNATURE PAGE TO THE TERMLOANNOTE FOR THE CAPITAL AREA HOUSING FINANCE CORPORATTONJ -2- F RICK •I?K oproutfulTT BEAUN0`1*, T , s . Z A B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: June 28,2011 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10') wide Exclusive Waterline Easement. RECOMMENDATION The Administration recommends acceptance of a Waterline Easement to provide water and fire protection services for Bingman Elementary located at 5265 South Kenneth. BACKGROUND Beaumont Independent School District has agreed to convey a ten foot(10')wide exclusive Waterline Easement to the City of Beaumont. The Waterline Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS,the Beaumont Independent School District has agreed to convey a ten (10)foot wide exclusive water line easement, said easement being out of the J.A.Veatch Survey, Abstract No. 55, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing water and fire protection services for Bingman Elementary School located at 5265 South Kenneth Street and allowing for the construction, alteration, operation and maintenance of said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by the Beaumont Independent School District, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - v STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of Jefferson, State of Texas,hereinafter called "GRANTOR",whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use,repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing, rebuilding, replacing,relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned,but Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that EXHIBIT "A„ . . . . .. ... . ... .. _.. r t will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land,but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve,maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line.Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 92011. BEAUMONT INDEPENDENT SCHOOL DISTRICT By: Dr. Carrol Thomas, Superintendent r , ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,TX 77704 Fiitz&Shipman INC. Consulting Engineers and Land Surveyors EXHIBIT"A" PAGE 1 OF 3 Ronald D.Fttz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,Chairman of Board CENTERLINE DESCRIPTION Billy).smith,Jr.,President OF A Donald R.King,P.E. Michelle Falgout,P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT Walterl.Ksiazek,R.P.L.S. OUT OF THE J.A VEATCH SURVEY,ABSTRACT 55 JEFFERSON COUNTY,TEXAS JUNE 14,2011 REVISED: JUNE 17,2011 That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each side of centerline, out of the J. A. Veatch Survey, Abstract 55, and being out a tract conveyed to Beaumont ISD (aka South Park ISD), Tax Account#234221-000-005100-00000-3 Jefferson County, Texas (being called Bingman Elementary), said centerline being more particularly described by the following courses and distances: Note: Basis of Bearings is the southwesterly line of Marmion Place, a plat recorded in Volume 4, Page 111 of the Map Records of Jefferson County, Texas and the northeasterly line of said Bingman Elementary having been called South 27°40'00° East. COMMENCING at a 1" iron pipe found in the southeasterly right-of-way line of West Florida Avenue, the northeasterly line of a tract conveyed to Florida Street Baptist Church, Inc. as recorded in Volume 696, Page 251 of the Deed Records of Jefferson County, Texas and the southwesterly line of said Marmion Place from which a point in the northwesterly line of Lot 24, Block 4 of Hillebrandt Addition, a plat recorded in Volume 4, Page 104 of the Map Records of Jefferson County, Texas for the south corner of Lot 12 of said Marmion Place and the east corner of the said Bingman Elementary tract bears South 27 040'00" East 578.77 feet (called South 27 040'00" East); THENCE South 89°50'52"West along the said southeasterly right-of-way line of West Florida Avenue, at a.distance of 152.50 feet pass a point in the southwesterly line of the said Florida Street Baptist Church tract, and continuing a total distance of 157.13 feet to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement THENCE along the said centerline with the following courses and distances: South 03 023'00"West a distance of 1.63 feet to an angle point; South 19 007'00" East a distance of 182.19 feet to an angle point; South 30 017'21" East a distance of 67.22 feet to an angle point; South 59 038'00°West a distance of 58.37 feet to an angle point; South 26 008'00"West a distance of 98.90 feet to an angle point; South 07 052'00" East a distance of 205.54 feet to an angle point; South 82 008'00"West a distance of 122.40 feet to an angle point; FITTZ&SHIPMAN,INC. Project No.09048Task 27wtresmt Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 - (409)832-7238-fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A",PAGE 2 OF 3 South 59 038'00"West a distance of 55.11 feet to a point for the POINT OF TERMINATION of the said centerline in the northeasterly right-of-way line of South Kenneth Street and the southwesterly line of the said Bingman Elementary tract from which a point at the Intersection of the said northeasterly right-of-way line of South Kenneth Street and the northwesterly right-of-way line of Winfree Street for the south comer of the said Bingman Elementary tract bears South 27°50'12" East 188.27 feet This description is based on a survey and plat made by Fittz & Shipman, Inc. on February 22, 2011. OF Wafter J. Ksiazek ti GIVee.f*Registered Professional and Surve or No. 5321 * :Q�� WALTER J. KSIAZC • 6.lq,�'••.••OP i i FITTZ&SHIPMAN,INC. Project No.09048Task 27wtresmt Plat&Description EXHI9�T A PAGE 3 OF 3 MARMION PLACE e COMMENCINO VOL 4,PG. 111,M.R.J. S 6 7 SURVEYOR'S CERTBTCATION: POINT 1 2 3 4 I (BASS OF ) 8 9 10 11 12 I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, FOUND 1' THAT THIS IS AN ACCURATE PLAT OF A SURVEY s DESCRIPTION MADE IRON PIPE HILLEBRAIJDT ADDITION ON THE caOUNO UNDER MY S PERVISON ON FEBRUARY 22, 2011. 131.57 447.20 BLOCK 4 >Z• (CALLED 447.20) VOL 4,PG. 104,M.R.J.C. ry LOT 241 LOT 23 N as "� WAITER J.KSIAZE1f �'S�� yFLORIDA STREET BAPTIST CHURCH, INC. ESPAR STREET REasTERED PROFESSIONAL VEYOR N0. 5321 $ y VOL.696,PG. 251,O.R.J.C. r (CKL£D S19T17'00•E BIN AN PL CE g,�p��••'fr�iA — BLOCK 1 1 _ e•�,r , • * 10' E1K�VE VOL. 7. G. 155.M. .J.C. wA7ER LMT � �'="'—__ WALTER J.KSIAZEK EASEMENT Q LOT t LOT 2 LOT 3 »»y.... "Y. Jlv a EN704M • rr ' Duxt19VE SEA T WINFREE STREET NUMBER DIRECTION DISTANCE 4v W Lt S 03'23.'00• W 1.63 C8� L2 S 19717ro0• E 182.19 fib 7 N L3 5 '1 • E 67. L4 S w 37 BEAUMONTISD /// w co L5 S 26WOlf W 96.90 BINGMAN ELEMENTARY SCHOOL + L6 S 0 E .54 ACCT 0234221-000-005100-00000-3 Z �- POINT OF L7 S W 122.40 // TERMINATION Ln LS S S9 00• w '35.11 // 10' EXCLUSIVE _ 9j wA EASEMENT X w 18x.27 S 27'5012 E 444.06 SOUTH KENNETH STREET . 0 O � 10' MADE EXCLUSIVE WATER UNE EASEMENT SHUT 0. INC. KIM BISD BINGMAN ELEMENTARY PROJECT NO. 1405 CORNERSTONE COURT.BEAtM ONT,TEXAS BEAUMONT, TEXAS 09048 Q:\PROJECTS\09048\TASK 27—Bingmon Waterline Eemt\09048T27.de9 Jun 16, 2011 10:56= (409)832-7238 FAX(400)632-7303 DAM 6-14-11 TASK 27 Alex "!_ o"os:gxi:: City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 1 for the Cartwright/Corley Drainage Project. RECOMMENDATION The Administration recommends approval of Change Order No. 1 in the amount of$38,800, for adding construction items for sanitary sewer to the Cartwright/Corley Drainage Project. BACKGROUND The Council authorized the acceptance of a grant through the Department of Rural Affairs (TDRA)on November 17, 2009 for Supplemental Disaster Recovery Non-Housing Activities. The approved projects to be funded through this grant are Riverfront Park Bank Stabilization and Cartwright/Corley Drainage Improvement. The Cartwright/Corley Drainage Project is a participation project with Drainage District No.6 (DD6) and the Texas Department of Rural Affairs (TDRA). The Project includes the installation of detention ponds and an underground storm drainage system in the Cartwright/Corley area between 4`h street and IH 10. The project also includes the relocation of water and sanitary sewer services from 5'h street to the railroad tracks. During the construction: 1. The existing sanitary sewer line was located at a higher elevation than shown in the plans. Approximately 640'of sanitary sewer line will be installed on the opposite side of Corley Street to eliminate the conflict with the storm sewer installation between 5'and 6t' streets. The proposed extra work will increase the contract by 4.09%, which increases the contract amount to $987,749.55. Cartwright/Corley Drainage Project June 28, 2011 Page 2 Previous actions include: Resolution 11-096 in the amount of$948,949.55 was passed by City Council on March 8, 2011. BUDGETARY IMPACT The TDRA grant will fund$869,277 of this project.The balance is available in the Capital Program. RESOLUTION NO. WHEREAS, on March 8, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-096 awarding a contract in the amount of $948,949.55 to Brystar Contracting, Inc., of Beaumont,Texas,for the Cartwright/Corley Drainage Project to include drainage boxes, street pavement and water & sewer utility service lines; and, WHEREAS, Change Order No. 1 in the amount of$38,800 is required to furnish all labor, equipment, materials, and supervision associated with installing a new sanitary sewer line on Corley Street between 5th and 6th Streets on the north side of the road, thereby increasing the contract amount to $987,749.55. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $38,800, for a total contract amount of$987,749.55. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - i CITY OF BEAUMONT DATE: June 21,2011 PROJECT: Cartwrlot/Coriey Drainage Project OWNER: City ofBeansaatt CONTRACTOR: Brystar Contraeting,Inc. CHANGE ORDER NO.: 01 Change Order No.i is for all cost associated with installing a new sanitary sewer line on Corley Street between 5th and 6th stra is on the north aide of the mod. itaaf lt� No Cade Daerfptloa Unit Q�h QuanbiS Prim Arnoaot 2505 001 0'S E LF 0.00 640.00 $45.00 S28 800. 708 001 PROPOSED W DIAMETER FIBERGLASS MANHOLE<17 EA 0.00 2.00 $3,500.00 $7,000. 2534 002 r SMRMNX SERVICES EA 0.00 4. $750.00 S3 000. ADD TOTAL AMOUNT i ORIGINAL CONTRACT AMOUNT: S948,%9.55 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER S33,800.00 PERCENT OF THIS CHANGE ORDER 4.091/9 TOTAL PERCENT CHANGE ORDER TO DATE: 4.09% NEW CONTRACT AMOUNT: $987,749.55 :..:...:..........�.i.�. ..., .�.a:.....;1.,.5.6. �h...: .:� ..... .t.. ..., . ....::.... . - . .. . . :.. ....;. ...:U?,k6.!..!..::R, 0....... .....,. ,#; ,, ?wd ,: ! ACCEPTED BY: CONTRACTOR RECOMMENDED BY: PATRICK DONART,P.E., DAMON JONES,<. PUBLIC WORKS DIRECTOR APPROVED BY: ATTESTED BY: KYLE HAYES,CITY MANAGER TINA BROUSSARD,CITY CLERK i Ries WITZ QNIPVGRTWIKI* B U EA W: REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 28,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore 2. Consider a request for a zone change from GC-MD-H(General Commercial- Multiple Family Dwelling-Historical)District to GC-MD(General Commercial- Multiple Family Dwelling)District at 2674 Liberty 3. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow an adult day care in an RM-M (Residential Multiple Family Dwelling-Medium Density)District at 1635 W. Highland Drive 4. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling) District at 3308 Martin Luther King,Jr. Parkway 5. Consider a request for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD(General Commercial-Multiple Family Dwelling)District at 945 Dixie Drive_ 6. Consider approving a contract for the purchase of asphaltic concrete for use by the Streets and Drainage Division PUBLIC HEARING * Dangerous Structures 7. Consider approval of an ordinance and a resolution declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. PUBLIC HEARING: Unsafe Substandard Structures Consider approval of an ordinance and resolution declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 4035 Agnes 39. 1045 Magnolia 2. 4050 Agnes 40. 3240 Magnolia 3. 150 Alabama 41. 3430 S Major(and shed) 4. 568 Alabama 42. 3995 Marie S. 595 Anchor 43. 4155 Marie 6. 1540 Avenue B 44. 2453 McFaddin 7. 1578 Avenue D 45. 8220 Oak Ridge 8. 1505 Avenue H (garage only) 46. 8370 Oak Ridge 9. 2082 Angelina 47. 1165 Oregon 10. 3840 Buffalo(garage apt. only) 48. 4275 Osborn 11. 1145 Campus 49. 3925 Park 12. 1155 Campus 50. 1760 Parry(shed only) 13. 1160 Center 51. 2347 Pope 14. 690 Chamberlin Dr 52. 2390 Potts 15. 1520 Corley 53. 1140 Roberts 16. 2315 Cousins 54. 1895 Roberts 17. 3120 W Crockett 55. 3175 Roberts 18. 725 Doucette 56. 5225 Roberts Rd. 19. 735 Doucette 57. 3021 Rockwell 20. 574 Euclid 58. 2520 Rusk 21. 143-149 Ewing(duplex) 59. 2605 San Jacinto 22. 2295 Fillmore 60. 3075 Sarah 23. 3955 Fonville 61. 1380 Simmons 24. 1025 Forrest(rear structure) 62. 3010 S. 6"St 25. 1180 Georgia 63. 2560 Smart 26. 1184 Georgia 64. 2408 Space 27. 5365 Gober(and rear auxiliary building) 65. 2465 Space 28. 595 Goodhue 66. 5650 Spencer 29. 2795 Grand 67. 4689 Sullivan 30. 4630 Hartel 68. 7530 Tram 31. 1735 W Highland (sheds only) 69. 1025 Trinidad 32. 2035 W Highland (sheds only) 70. 1640 Trinidad (garage only) 33. 4735 Highland 71. 2340 Tulane 34. 1182 Houston (garage only) 72. 1133 Vermont 35. 1184 Houston(garage/shed only) 73. 1175 Vermont 36. 2694 Houston 74. 3650 Waco 37. 470 Jackson 75. 3470 Westmoreland 38. 510 Jackson 76. 4095 Willie Mae 1 June 28,2011 Conduct an election of Mayor Pro Tempore According to the City Charter,the City Council shall elect one of its members as Mayor Pro Tempore for a one(1)year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office,and, if a vacancy occurs,shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office,then the City Council shall appoint a Mayor Pro Tempore from its membership. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT is elected Mayor Pro Tempore for a one (1) year term. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - 2 June 28,2011 Consider a request for a zone change from GC-MD-H(General Commercial-Multiple Family Dwelling-Historical)District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2674 Liberty RICH WITS OFFORTUNITT BEA'VN0111N'* T • Z • X • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Cy� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider a request for a zone change from GC- MD-H(General Commercial-Multiple Family Dwelling- Historical)District to GC-MD(General Commercial- Multiple Family Dwelling)District at 2674 Liberty. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD-H(General Commercial-Multiple Family Dwelling-Historical)District to GC-MD(General Commercial- Multiple Family Dwelling)District at 2674 Liberty. BACKGROUND Altus HMS has requested a zone change. On May 9,2011,the Historic Landmark Commission approved the moving of the structure at 2674 Liberty to 2645 Liberty. The purpose of the move was to allow Altus to purchase the property for expansion of its facility at 390 N. 11'. Altus would now like to remove the subject property from the Oaks Historic District boundaries so that it can be utilized for parking. Taking the subject property out of the Oaks Historic District will allow Altus to construct a parking lot without having to meet the 20' front setback as required by the Historic District regulations. At a Joint Public Hearing held June 20, 2011,the Planning Commission voted 5:2 to approve a zone change from GC-MD-H (General Commercial-Multiple Family Dwelling-Historical) District to GC-MD (General Commercial-Multiple Family Dwelling)District at 2674 Liberty. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD-H (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- HISTORICAL) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2674 LIBERTY AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned GC-MD-H (General Commercial-Multiple Family Dwelling-Historical) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2674 Liberty Avenue, being Lot 20, Block 49, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection,sentence, clause of phrase of this ordinance,or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall,upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - File 2094- : Request for a zone change from GC-MD-H (General Commercial-Multiple Family Dwelling-Historical) District to GC-MD(General Commercial-Multiple Family Dwelling)District. Planning Division. Location: 2674 Liberty Applicant: Altus HMS 0 100 200 I I I Feet Legend ^ M.© ® 20942 BROADWAY S" ,r GC- D CA j LIBERTY AVE -R-S GC-MD GC-M-D LAUREL ST G M� EXHIBIT "A" 3 June 28,2411 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow an adult day care in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 1635 W. Highland Drive RICH WITH OPPORTUNITY BEAUXUN* T • s * g • A * s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow an adult day care in an RM-M (Residential Multiple Family Dwelling- Medium Density)District at 1635 W. Highland Drive RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow an adult day care in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 1635 W. Highland Drive. BACKGROUND Melody Peters has requested a zone change and specific use permit. Ms.Peters states that the day care would target individuals 55 and older. The facility would initially operate 6:30 a.m. -6:00 p.m.,Monday through Friday and some Saturdays. Depending upon demand,the hours of operation may expand. Activities would include social and recreational activities,health maintenance,transportation,meals,occasional weekly dining out, swimming pool activities and trips to museums and performances. The subject property is zoned RS. An adult day care is not permitted in the RS District so a zone change is needed. This zone change request could constitute spot zoning. Spot zoning connotes an unacceptable zone change that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. At a Joint Public Hearing held June 20, 2011,the Planning Commission voted 5:2 to deny a a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow an adult day care in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 1635 W. Highland Drive BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1635 W.HIGHLAND DRIVE,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density) District far property located at 1635 W. Highland Drive, being Lot 1-F, Block 15, Annie T. Warren Addition, City of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown on Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section-3. That if any section,subsection,sentence,clause of phrase of this ordinance,or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section That any person who violates any provision of this ordinance shall,upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - : Request for a zone change from RS(Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dm elling-Medium Density)District or more restrictive district and a specific use permit to allow an adult day care in an RM-M esidential Multiple Family Dwelling-Medium Density) District. Location: 1635 W. Highland Dr. 0 100 200 pplicant: Melody Peters i , i i Feet Legend ® 2089ZP 0 z R-S rn R-S r v HIGHLAND D R-S RM-H EXHIBIT"A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ADULT DAY CARE IN A RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT AT 1635 W. HIGHLAND DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. WHEREAS, Gulf Coast Generators has applied for a specific use permit to allow an adult day care in a RM-M (Residential Multiple Family Dwelling-Medium Density) District at 1635 W. Highland Drive, being Lot 1-F, Block 15,Annie T.Warren Addition,City of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown in Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow an adult day care in a RM-M (Residential Multiple Family Dwelling-Medium Density) District at 1635 Highland Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such speck use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an adult day care in a RM-M (Residential Multiple Family Dwelling-Medium Density) District at 1635 W. Highland Drive, being Lot 1-F, Block 15, Annie T. Warren Addition, City of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to Melody Peters, her legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and "C," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - File 2089- : Request for a zone change from RS(Residential Single Family Dwelling) District to RM M (Resid ' y Dwelling Medium Density)District or more restrictive district and allow an adult day care in an RM-M (Residential Multiple Family Dwelling-Medium Density)District. Location: 1635 W. Highland Dr. Applicant: Melody Peters o 00 200 PP � y I I I Feet Legend M 2089ZP n X r R-S R-S r r v HIGHLAND DR R-S RAID-H EXHIBIT "A" f7 51 7y 12oO Rot) WOCD POOL pn g,46 cov 9 I 'W� Ccx�C VAL14, pNE AV,o V►.laa��i 5 t D C. tJ SLID 1 eouC Vol 1,51co y jr UR 1 I ,�-, � L,fotj Roy 'v. 141 s�1 LPhJD Der VE IZOO yap EXHIBIT "B" i 15,G x S J! U►VE d� 4 June 28,2011 Consider a request for a zone change from RS(Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District at 3308 Martin Luther King, Jr. Parkway RICK WITS OPPORTIIKITT BEAUMG,N* T • R • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 60 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3308 Martin Luther King,Jr. Parkway. RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District at 3308 Martin Luther King,Jr. Parkway. BACKGROUND Shanil Oil Company has requested a zone change. Shanil Oil has bought Lots 1-4 at the southwest corner of E.Alma.and MLK Parkway. Lots 1-3 are zoned GC-MD. Lot 4 is zoned RS. All four lots have previously been used as a bar and related parking. The actual bar building is located on Lot 4. Shanil Oil would like to construct a strip center on the subject property. Immediately to the west of the subject property is a cell tower facility and to the north is GC-MD zoning. At a Joint Public Hearing held June 20, 2011,the Planning Commission voted 6:1 to deny a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial- Multiple Family Dwelling)District at 3308 Martin Luther King, Jr. Parkway. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3308 MARTIN LUTHER KING, JR. PARKWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3308 Martin Luther King, Jr. Parkway, being Lot 4, Block 1, Harris Addition, City of Beaumont, Jefferson County, Texas, containing 0.21 acres, more or less, as shown on Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section,subsection,sentence,clause of phrase of this ordinance,or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - - : Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more re strictive district. Location: 3308 Martin Luther King, Jr. Parkway pplicant: Shand OR Company 0 100 .200 1 1 Feet Legend GC-MD ® 2093Z U R S tiF E ALMA ST CA GC-MD R=S G - E TtiREADNEEDLE.ST o JRS GC- D R-S C' EXHIBIT "A" 5 June 28,2011 Consider a request for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD(General Commercial-Multiple Family Dwelling)District at 945 Dixie Drive i RICH WITH OPPORTUNITY BEAV, UIN* T • Z e X • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager,1k PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD(General Commercial-Multiple Family Dwelling)District at 945 Dixie Drive. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD(General Commercial-Multiple Family Dwelling) District at 945 Dixie Drive. BACKGROUND Gulf Coast Generators has requested a specific use permit. Mr. Burch states that Gulf Coast Generators is an authorized dealer of Generac generators. The company does sales, service and warranty of automatic standby units. The existing building will house both office space and warehousing of the product. In addition, service trucks and utility trailers will be stored on site. At a Joint Public Hearing held June 20, 2011,the Planning Commission voted 7:0 to approve a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD (General Commercial-Multiple Family Dwelling)District at 945 Dixie Drive. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE GENERATOR SALES AND SERVICE DEALERSHIP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 945 DIXIE DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Gulf Coast Generators has applied for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD (General Commercial- Multiple Family Dwelling) District at 945 Dixie Drive, being Lots 6-11, Block 6, Sunnyside Addition,City of Beaumont, Jefferson County,Texas, containing 0.43 acres, more or less, as shown in Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD (General Commercial-Multiple Family Dwelling)District at 945 Dixie Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD (General Commercial-Multiple Family Dwelling) District at 945 Dixie Drive, being Lots 6-11, Block 6, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to Gulf Coast Generators, its legal representatives, successors and assigns,as shown on Exhibit"A,"attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - File 2095- : Request for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD (General Commercial-Multiple Family Dwelling) District Location: 945 Dime Drive Applicant: Gulf Coast Generators 0 100 200 I I I Feet Legend GC- D M 2095P GC-MD COLLEGE ST GC-MD v GC-MD m v �o BELMONT ST EXHIBIT "A" m . m r t �D 1 LLJ i 6 June 28,2011 Consider approving a contract for the purchase of asphaltic concrete for use by the Streets and Drainage Division RICH WITH OPPORTUNITY B p T * 2 • z • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for asphaltic concrete. RECOMMENHATION The administration recommends the award of a sac(6)month contest to APAC-Texas, Inc.,of Beaumont,with an estimated total expenditure of$859,430. BACKGROUND Bids were requested for a six(6)month contract for asphaltic concrete to be used by the Streets and Drainage Division. Cold land asphaltic concrete is used for repairing potholes and small sections of street,while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 11,000 teens of hot laid asphaltic concrete and 700 terns of cold laid asphaltic concrete will be used during the term of the contract. Four(4)vendors were notified with only APAC-Texas responding with a bid as reflected below. Specifications requested pricing for both plant Pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified and has previously held the contract satisfactorily. Sk M=&Ces&tct for AsphW a QmKrete June 28, 2011 Page 2 The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: Hot Laid Concrete $66.60hon $72.95hon Cold Laid Concrete $76.65/ton 581.40hon The prior contract ices were as follows: Hot Laid Concrete $59.00hon $65.1Ohon Cold Laid Concrete S74.95/ton $79.55hon BUDGETARY IWACT Funds for the cold laid concrete are available,in the Stems and Drainage Division's operating buds. Funds are available in the Capital Program for the hot laid Crete which is used for street rehabilitation. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of asphaltic concrete for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, APAC-Texas, Inc, of Beaumont,Texas,submitted a bid in the estimated amount of$859,430 in the unit amounts shown below: DESCRIPTION PLANT PICKUP JOB SITE DELIVERY Hot Laid Concrete $66.60/ton $72.95/ton Cold Laid Concrete $76.65/ton $81.401ton and, WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by APAC-Texas, Inc., for a six(6) month contract for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division, in the estimated amount of$859,430 pursuant to the unit amounts shown above be accepted by the City of Beaumont. THAT the Ci ty g y Manager be and he is hereby authorized to execute a contract with APAC-Texas, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - PUBLIC HEARING * Dangerous Structures 7 June 28,2011 Consider approval of an ordinance and a resolution declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program RICK wlra orrosTUNITT BEA-.UV, ',0,#* T • a • a • A 9 B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C 5� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 28, 2011 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance and resolution to declare the following seventy-six(76) structures to be unsafe substandard structures and order their demolition. 1. 4035 Agnes (1) 2. 4050 Agnes 3. 150 Alabama (1) 4. 568 Alabama 5. 595 Anchor 6. 2082 Angelina 7. 1540 Avenue B (1) 8. 1578 Avenue D 9. 1505 Avenue H (garage only) 10. 3840 Buffalo(garage apt.only) 11. 1145 Campus 12. 1155 Campus 13. 1160 Center 14. 690 Chamberlin Dr 15. 1520 Corley 16. 2315 Cousins 17. 3120 W Crockett 18. 725 Doucette 19. 735 Doucette 20. 574 Euclid (#) Indicates the number of work programs the structure has enrolled in. 21. 143-149 Ewing(duplex) 22. 2295 Fillmore 23. 3955 Fonville 24. 1025 Forrest(rear structure) 25. 1180 Georgia (1) 26. 1184 Georgia (1) 27. 5365 Gober(&rear auxiliary building) (2) 28. 595 Goodhue 29. 2795 Grand 30. 4630 Hartel 31. 1735 W Highland(sheds only) 32. 2035 W Highland(sheds only) 33. 4735 Highland 34. 1182 Houston(garage only) 35. 1184 Houston (shed only) 36. 2694 Houston 37. 470 Jackson 38. 510 Jackson 39. 1045 Magnolia 40. 3240 Magnolia 41. 3430 S Major(&shed) 42. 3995 Marie (1) 43. 4155 Marie 44. 2453 McFaddin 45. 8220 Oak Ridge 46. 8370 Oak Ridge (1) 47. 1165 Oregon 48. 4275 Osborn 49. 3925 Park 50. 1760 Parry(shed only) 51. 2347 Pope 52. 2390 Potts 53. 1140 Roberts 54. 1895 Roberts 55. 3175 Roberts 56. 5225 Roberts Rd. 57. 3021 Rockwell 58. 2520 Rusk 59. 2605 San Jacinto 60. 3075 Sarah 61. 1380 Simmons 62. 3010S.6 th St 63. 2560 Smart 64. 2408 Space 65. 2465 Space 66. 5650 Spencer 67. 4689 Sullivan 68. 7530 Tram M Indicates the number of work programs the structure has enrolled in. 69. 1025 Trinidad 70. 1640 Trinidad(garage only) 71. 2340 Tulane (1) 72. 1133 Vermont 73. 1175 Vermont 74. 3650 Waco 75. 3470 Westmoreland 76. 4095 Willie Mae (#) Indicates the number of work programs the structure has enrolled in. RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA)has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable. These structures have been inspected and have been determined to be unsafe and substandard and contributing to slum and blight. BUDGETARYIMPACT Funding will be available through a grant with TDHCA,with no local match. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 4035 Agnes (1) 2. 4050 Agnes 3. 150 Alabama (1) 4. 568 Alabama S. 595 Anchor 6. 2082 Angelina 7. 1540 Avenue B (1) 8. 1578 Avenue D 9. 1505 Avenue H (garage only) 10. 3840 Buffalo(garage apt.only) 11. 1145 Campus 12. 1155 Campus 13. 1160 Center 14. 690 Chamberlin Dr 15. 1520 Corley 16. 2315 Cousins 17. 3120 W Crockett 18. 725 Doucette 19. 735 Doucette 20. 574 Euclid 21. 143-149 Ewing(duplex) 22. 2295 Fillmore 23. 3955 Fonville 24. 1025 Forrest(rear structure) 25. 1180 Georgia (1) 26. 1184 Georgia (1) 27. 5365 Gober(&rear auxiliary building)(2) 28. 595 Goodhue 29. 2795 Grand 30. 4630 Hartel 31. 1735 W Highland (sheds only) 32. 2035 W Highland (sheds only) 33. 4735 Highland 34. 1182 Houston(garage only) 35. 1184 Houston (shed only) 36. 2694 Houston 37. 470 Jackson 38. 510 Jackson 39. 1045 Magnolia 40. 3240 Magnolia 41. 3430 S Major(&shed) 42. 3995 Marie (1) 43. 4155 Marie 44. 2453 McFaddin 45. 8220 Oak Ridge 46. 8370 Oak Ridge (1) 47. 1165 Oregon 48. 4275 Osborn 49. 3925 Park 50. 1760 Parry(shed only) 51. 2347 Pope 52. 2390 Potts 53. 1140 Roberts 54. 1895 Roberts 55. 3175 Roberts 56. 5225 Roberts Rd. 57. 3021 Rockwell 58. 2520 Rusk 59. 2605 San Jacinto 60. 3075 Sarah 61. 1380 Simmons 62. 3010 S.6th St 63. 2560 Smart 64. 2408 Space 65. 2465 Space 66. 5650 Spencer 67. 4689 Sullivan 68. 7530 Tram 69. 1025 Trinidad 70. 1640 Trinidad (garage only) 71. 2340 Tulane (1) 72. 1133 Vermont 73. 1175 Vermont 74. 3650 Waco 75. 3470 Westmoreland 76. 4095 Willie Mae (#) Indicates the number of work programs the structure has enrolled in. to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the property owner(s) of the following described buildings execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or complete all repairs and receive a Certificate of Occupancy within one-hundred fifty (150) days. Should the owner(s) fail to obtain substantial completion as defined in the work program, within ninety (90) days from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 4. If a property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - RESOLUTION NO. A RESOLUTION APPROVING THE DEMOLITION AND CLEARANCE OF SEVENTY-SIX (76) RESIDENTIAL PROPERTIES THAT WERE DAMAGED AS A RESULT OF HURRICANE IKE. THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS WILL ALLOCATE FUNDING FOR THE ACTIVITIES. WHEREAS,the Texas Department of Housing and Community Affairs has approved the use of Community Development Block Grant Disaster Recovery("CDBG")funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable; and WHEREAS, the City has determined that the identified properties pose a threat to the public's health and safety because the structures are open and accessible, collapsed or in danger of collapse, an attractive nuisance to children, a harborage for vermin, and magnets for drug users and other criminal activity; and WHEREAS, the City of Beaumont has defined the demolition and clearance activities as Slum and Blight for Spot Basis; and WHEREAS, the elimination of specific conditions of blight or deterioration on a spot basis is designed to comply with the statutory objective for CDBG funds to be used for the prevention of blight, on the premise that such action(s) serve to prevent the spread to adjacent properties or areas; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Council of the City of Beaumont hereby finds and declares the buildings listed on Exhibit"A,"attached hereto,to be public nuisances in that said buildings violate Title Il, Chapter 24, Article 24.04, Division 1, et seq., of the Code of Ordinances of the City of Beaumont and are for want of repairs or, by reason of age, are dilapidated, decayed, unsafe or unsanitary, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. THAT the properties listed on Exhibit "A," attached hereto, are scheduled for demolition and clearance and are defined as Spot Slum and Blight. READ,ADOPTED and APPROVED this 28th day of June,2011,at a meeting of the City Council of the City of Beaumont, Texas, by the following vote: AYES: Councilmembers: NOES: Councilmembers: - Mayor Becky Ames - ATTEST: City Secretary A RICH WITH OPPORTUNITY BEAU,N,ON'* T0a • Z • A • S City Co e Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 28, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of Sodium Hydroxide. RECODOW[ENDATION The Administration recommends the award of a three(3)month contract to Altivia,Inc., of Houston, in the estimated amount of$128,000. BACKGROUND Formal bids were requested from five(5)vendors,for a three(3)month contract to supply Sodium Hydroxide. Six(6)bids were received.Low bid of$128,000 was std by Altivia, Inc., of Houston This its an approximate seventeen percent(170/6)incxease ewer the last contract. There are no local vendors who supply this commodity. Ahivia, Inc., has held this contract previously. Sodium Hydroxide is used by the Water Utilities Department to purify the city's water supply. The Water Utilities Deportment expects to Pie appro -h two ed fifty(250)dry tons of this material during the term of the contract.Bid tabulations are as follows. Vender Unit Price Teta1 Price Altivia,Inc.,Houston, TX $512.00 $128,000.00 Univar, Inc.,Dallas, TX $548.80 $137,200.00 DM Industries,Houston, TX $575.00 $143.750.00 FSTI,Inc., Austin, TX $592.50 $148,125.00 General Chemical,Inc.,Parsippany,NJ $615.79 $153,947.50 FBrenntas Southwest,Houston, TX $684.00 $171,000.00 Contract for the pyre of Sodim Hydroxide June 28, 2011 Page 2 BUDGETARY E"ACT Funds are available for this expendbure m the Water Utilities Department's operating budged. Barcsua1 ► Tax" I - 2 - I • ♦ e Bid Nam.: Thm(3 Monet PC Not ror eodknn HWIMM.( Soda) BW Number: BF8i11-8 BM Openkp: ThUreft,June 18,2011 Contact Person: Robert J.Holler,Buyer II Phone 409-890-3758 Vendor AIL-- Univar DXI Indusbl� ,Inc.ay I aft Dallas Houston Austin Plwx or Fan W. 800 785-7300 281 457.4ti48 512 278-8800 REM DEi;C QTY(DT) Unit Prins Extended Price lktit Price Extended Price Unit Price I Extended Price Bodwn Hydra" 250 $137,200.001 4575.00 $ OXY FORMOSA VARIOUFSR MW CHEM Brerwit"Southwest CRY I _ ,.. Bhlt PARSIPPANY NJ Houston Phone or Fax No. 800 163141050 13 4334}771 REM DEi'<C QTY(DT} Ur*Price Extended Price UNt Price Exb wo dod Price Isodum Hydralkle $615.79 $M.00 $171,0P0.001 NO BID:KEY CHEM. RESOLUTION NO. WHEREAS, bids were solicited for a three (3) month contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, Altivia Corporation, of Houston, Texas, submitted a bid f or an estimated total expenditure of$128,000 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST DRY TON 250 DRY TONS Altivia, Inc. $512.00 $128,000.00 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Altivia Corporation, Houston, Texas,for a three(3)month contract for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of$128,000 be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with Altivia, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2011. - Mayor Becky Ames - B RICA WITS OPPORTUNITY BEAUNION* T * R 9 X A • 8 Item City Council Agenda TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clads, Chief Financial Officer MEETING DATE: Iune 28, 2011 REQUESTED ACTION: Council consider authorizing the award of six(6)month contract for Aluminum Sulfate. RECOMAENDATION The Administration revammen I the award of a contract to MO Specialty Chm male,Inc., of Little Rock, AR, in the estimated amount of$121,734. BACKGROUND Bids were requested ft a six(6)month contract for appraacinwtely 600 Dry Tons of Aluminum Sulf3tte for use by the**a Utilities Department to be used in the water treatment process. Bid notices were provided to five(5)vendors wM four(4)responding with bids as indicated below. The product i�ocommerded for award meets all specifications. (EO Specialty has previously held this contract with a price of$172 per dry ton. Vender Usk Price Teed Price GEO Specialty Chemical,Little Rock, AR $202.89 $121,734.00 Altivia Corp.,Houston, TX $235.00 $141,000.00 Southern Ionics,West Point,MS $239.00 $143,000.00 General Chemical,Parsippany,NJ $312.00 $187,200.00 BUDGETARY EWPACT Funds are budgeted in the Water Utilities Depa tmwes operating budget.